FOURTH SECTION

DECISION

Application no. 22615/21 A.O.J. against the Netherlands

The European Court of Human Rights (Fourth Section), sitting on 24 March 2022 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 3 May 2021,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr A.O.J., is a Sudanese national, who was born in 2000 and lives in Heemersveen, the Netherlands. He was represented by Mr N. Vollebergh, a lawyer practising in Breda.

The applicant complained that his transfer from the Netherlands to Malta under Regulation (EU) No. 604/2013 (“the Dublin Regulation”) would be in breach of Article 3 of the Convention on account of the conditions in reception, accommodation and/or detention facilities in Malta.

On 30 June 2021 the Court (duty judge) decided that, in the absence of confirmation from the Maltese authorities that once transferred the applicant would be treated in a manner that protected his Article 3 rights, it was in the interests of the parties and the proper conduct of the proceedings before it to indicate to the Government of the Netherlands (“the Dutch Government”) under Rule 39 of the Rules of Court, that he should not be removed to Malta.

On 8 July 2021 the Court decided to give notice to the Dutch Government of the applicant’s complaint.

On 10 February 2022 the Dutch Government informed the Registry that they would consider the applicant’s request for international protection in the Dutch asylum procedure and that he would therefore not be transferred to Malta.

On 15 February 2022 the applicant informed the Registry that, in view of this development, he did not wish to maintain the application to the Court.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

Accordingly, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 14 April 2022.

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Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President